Third nude dancing club sues Las Vegas

Yet another nude dance club has sued the city of Las Vegas.

The owners of Club Exotica allege the city violates the U.S. Constitution in how it governs and punishes nude dance clubs, according to a suit filed in U.S. District Court Monday.

Club Exotica joins Little Darlings, which has a federal suit pending, and Talk of the Town, which filed suit in state court.

The suits stem from a city crackdown on businesses featuring nude dancers. Patrons of such clubs are not allowed to consume alcohol on the premises. A city investigation found clubs where patrons were allowed to drink alcohol.

Club Exotica, 3100 Sirius Ave., received a $50,000 fine March 9 during a City Council hearing after undercover business license officers alleged they consumed alcoholic beverages in the club on six occasions between August 1997 and January 1998. The club's owners are seeking an order preventing the city from taking further action pending the outcome of the trial and from taking action against any similar club "without proper judicial scrutiny."

The lawsuit contends the fines are excessive and, therefore, unconstitutional and that the way the city levies them also violates the Constitution.

The City Council conducts disciplinary hearings regarding alleged violations. The suit contends that means the council is serving as a judge of its own allegations.

"The city council has claimed and exercised total discretion in adjudicating its own disciplinary complaints," the suit states.

The suit points out the businesses were not issued cease and desist orders to correct any violations, but instead were subject to fines or license revocation.

"In doing so, Las Vegas has given itself unbridled discretion to take whatever action it wished against these particular businesses, up to and including issuing excessive fines that are not even authorized by the city's own code" the suit states.

Moreover, Club Exotica alleges that prior to the March 9 hearing, its lawyers negotiated a $35,000 fine.

"Councilman (Mike) McDonald, however, personally rejected the proposal and refused to allow the City Council to take a vote on the matter advising Las Vegas' counsel, on the record, that the cost was $50,000 and Club Exotica would either pay the fine or have its licensed revoked."

Attempts to contact McDonald failed. He is sued individually in the suit.

The suit further notes that the maximum fine for violations by nude dancing clubs heard in Las Vegas Justice Court is $1,000.

Club Exotica owners, David Sebag and Andre Bohbot, said in the suit they had to pay half the $50,000 fine by July 9. When they tried to sell the business in May, they allege the city told them that the new owner would be responsible for the fine. They allege that condition has thwarted the sale and that the city code does not allow for that kind of licensing requirement.

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